| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Ms. Margaret K. Patterson | Chairperson | ||
| Mr. Walter T. Morrison | Member | ||
| Mr. Thomas E. O’Shaughnessy | Member |
APPLICANT REQUESTS: That he be paid a discretionary Dental Officer Multi-year Retention Bonus (DOMRB) for the period covering 1 July 2001 through 1 July 2002.
APPLICANT STATES: That due to an oversight, he failed to apply for and to receive a DOMRB at the time that he was eligible. He states that he is seeking to gain the entitled pay of $14,000.00 that would coincide with a 4-year agreement. He states that he is now obligated to a 4-year DOMRB that began on 1 July 2002. In support of his appeal, he submits a copy of a dental pay chart; a copy of a DOMRB chart; and a copy of an Officer Record Brief.
EVIDENCE OF RECORD: The applicant's military records show:
That he is currently assigned to Fort Hood, Texas, as a dental officer, serving in the rank of Major.
During the processing of this case an advisory opinion was obtained from the Army Medical Department (AMEDD) Special Pay Branch of the Office of the Surgeon General (Copy Attached). The AMEDD opined that the applicant met the eligibility criteria on 1 July 2001, in accordance with Title 37, United States Code, of at least eight-years of creditable service from their Health Professions Pay Entry Date or has completed any active duty service commitment incurred for medical education and training. The AMEDD further opined that the applicant did execute and is receiving a 4-year DOMRB at $14,000.00 per year for the period covering 1 July 2002 through 30 June 2006 and that the 1-year DOMRB contract is not authorized since discretionary DOMRB contracts are only authorized to 2-year, 3-year and 4-year contract lengths. The AMEDD indicated that if the applicant was requesting a 2-year, 3-year or 4-year DOMRB contract, he must have executed the DOMRB contract no earlier than 90 days, but not later than 30 days of the effective date and that no extenuating circumstances are warranted to support a discretionary contract outside of established execution periods. The AMEDD concluded its opinion by determining that the applicant does not meet contract execution criteria for the DOMRB.
On 6 May 2003, a copy of the advisory opinion was forwarded to the applicant for his information and possible rebuttal. As of this date, the applicant has not submitted any response to the advisory opinion.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. A review of the available information shows that the applicant failed to meet the contract execution criteria for entitlement to a DOMRB for the period covering 1 July 2001 through 1 July 2002.
2. According to the AMEDD, the applicant is receiving a 4-years DOMRB, which began on 1 July 2002 and will end on 30 June 2006 and the 1-year DOMRB contract is not authorized since discretionary DOMRB contracts are only authorized in 2-year, 3-year and 4-year contract lengths.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__mkp___ ___wtm _ ___teo __ DENY APPLICATION
| CASE ID | AR2003084472 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/07/29 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 297 | 128.1400 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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